Where are the SCOTUS opinions?
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It’s the natural progression of case law.
When past precedent becomes the primary guide in court decisions, every year provides more and more precedent that needs to be gone through and examined. This also results in arguments becoming more and more … “creative” in trying to steer their cases towards precedents that support their cases. It slows the process.
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They may be declining more cases.
https://en.wikipedia.org/wiki/Number_of_U.S._Supreme_Court_cases_decided_by_year
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I get why case law is important and helps the system function, but I still emotionally rebel against the idea. I honestly don’t believe it leads to a truly fair and equitable system of Justice. But I suppose it’s still better than any other system.
I just can’t get past a feeling that there is a fundamental flaw that I lack the intelligence/education/both to explain.
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I really appreciate common law (think of that as case law ossified over time) in concept. It’s more of a Hayekian emergence of law from a society over time rather than a top-down imposed order. That’s not to say I like each and every example. But in general it is a ‘small c’ conservative, stabilizing force.
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